The Gardendale Board of Education is seeking court orders allowing it to begin operation of its city school system in July 2015, as planned, and forcing the Jefferson County Board of Education to turn over county schools that lie within Gardendale city limits.

In a suit filed Tuesday afternoon against the Jefferson County Board of Education and its members, Gardendale requests that a Jefferson County Circuit court judge direct the county board "to relinquish control of the public schools within the Gardendale school district".

The suit also names as defendants the Alabama State Department of Education, state Superintendent Dr. Tommy Bice, and Jefferson County Superintendent Dr. Craig Pouncey.

Gardendale also maintains that Bice ordered a 13-year transitional attendance plan to be put in place. That plan would allow Jefferson County students who live outside the Gardendale city limits but are currently zoned for Gardendale schools to graduate from Gardendale High School.

JeffCo BOE has argued that Bice's order called for further negotiation on those issues.

"The Gardendale City Board may move forward with its separation from the Jefferson County Board and no payment to the Jefferson County Board will be required at this time," State Superintendent Dr. Tommy Bice wrote in the decision. A footnote notes that Gardendale has agreed to assume the county's limited indebtedness on three other county properties in the Gardendale city limits - Gardendale Elementary, Snow Rogers Elementary, and Bragg Middle School.

Bice wrote in the final decision that his office "believes that a separation agreement negotiated at the local level is in the best interest of the students of both school systems, the Boards are hereby instructed to work together to achieve such an agreement."

"The Boards are to meet face-to-face as soon as reasonably practicable and to schedule additional meetings as necessary to resolve their disagreements," Bice wrote. Bice ordered the two parties to meet with him and discuss their progress on March 31.

Gardendale attorney Giles Perkins told AL.com that time was running out to make sure Gardendale City Schools can begin operation over the summer.

"We wish we didn't have to file this, but we read the final order as being final and we need to get about working to open in the fall," Perkins said. "I'm not sure what their interpretation [of the final order] is. We look forward to having a court sort this out and opening in the fall."

"The law is clear and the final order is clear, and it should not be confusing to anyone," Perkins said.

Jefferson County Superintendent Dr. Craig Pouncey did not immediately respond to a request for comment late Tuesday afternoon. Pouncey has previously stated that the county board "does not believe that the question of an equitable payment from the Gardendale Board has been foreclosed or otherwise resolved by the decision."

The lawsuit claims that, "in a dramatic break with prior practice," Jefferson County "declined to negotiate with Plaintiff in good faith, flatly refusing to consider Plaintiff's request that the County School Board ... relinquish control of the school facilities - namely, Gardendale Elementary School, Snow Rogers Elementary School, Bragg Middle School, and Gardendale High School, all of which are located within the city limits of Gardendale - to Plaintiff."

The suit also takes issue with Gardendale's request that Jefferson County be ordered to grant to Gardendale funds the Jefferson County board received for payroll for Gardendale-area schools for the months of July-September 2015. Gardendale is scheduled to take over the schools in July, and argued that Jefferson County should turn over Foundation Program funds meant to cover personnel costs beginning then, but Dr. Bice denied Gardendale's request.

The lawsuit called this a "windfall" for the county, because the county won't be paying personnel costs for Gardendale schools July-September. "This is contrary to actions taken in other recent separation agreements," the suit argues.

The lawsuit requests the judge issue a writ of mandamus "directing the County School Board Defendants and Defendant Pouncey to relinquish control of the public schools within the Gardendale school district to Plaintiff." Alternatively, Gardendale asks for an injunction requiring Jefferson County to turn over the Gardendale facilities by July 1, or a judgment declaring that Bice's final order is binding.